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(영문) 서울북부지방법원 2017.07.07 2016가단20074
건물명도등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) An indication of Attached 1 Map 1, among the second floor of the building listed in the attached list;

Reasons

1. Basic facts

A. On April 30, 2012, between C and D, the Plaintiff entered into a sales contract with the terms of KRW 270,00,000 for the purchase price as to the buildings indicated in the attached list on the land and the attached list thereof (a contract deposit of KRW 18,000,000 for intermediate payment of KRW 160,000 for intermediate payment of KRW 160,000 for the remainder of KRW 92,000 for the remainder of KRW 92,00 for the remainder of KRW 150,000 for the lease deposit ( KRW 90,000 for the first floor, KRW 60,000 for the second floor, and KRW 0 for the second floor).

On April 30, 2012, the Plaintiff deposited KRW 18,000,000 for down payment, KRW 10,000 for intermediate payment on May 7, 202, and KRW 10,000 for intermediate payment on May 23, 2012, from the G account in the name of the Plaintiff in the name of KRW 92,00,000,000 for remainder payment on May 23, 2012, and KRW 40,000 for KRW 52,00,000 for H account on May 23, 2012.

A. The payment was made.

Accordingly, on May 23, 2012, the registration of transfer of ownership in the name of the plaintiff was completed.

B. From around 2009, the Plaintiff has been in cooperation with the Defendant’s mother F.

On May 23, 2012, the Plaintiff made a move-in report on the instant building, but transferred the building to Jung-Eup on July 8, 2014.

Around November 6, 2012, Defendant and F made a move-in report to the second floor of the instant building (hereinafter “the instant building part”) and thereafter reside in the instant building part from around that time to the day of the closing of argument, and did not pay rent or deposit to the Plaintiff.

C. Around June 2015, the Plaintiff and the Defendant drafted a lease agreement with the Plaintiff that the Defendant leased the instant building from the Plaintiff amounting to KRW 120,000,000 without rent.

The defendant was granted a fixed date on June 26, 2015.

On January 7, 2011, 200,00 I on December 29, 201, 201; 400,000 I on June 7, 2012; 1,400,00 I on June 22, 2012; 30.30,000,00 on June 31, 201, 30,000 on January 31, 2013; 4,000,00,00 on June 31, 200, 30,80,000, 27, 200, 7, 200, 70, 27, 2000 on March 27, 200, 200 on March 4, 201, 203; 6,000; 6,000 on March 4, 2013;

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